PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint, Single or Dual Employers

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201.04000 – Joint, Single or Dual Employers

Under the single employer doctrine, where two or more ostensibly legally-distinct employer entities operate as one, together they constitute a single employer; a single bargaining relationship is created based on the pooled authority of the constituent entities; despite the fact that the 11 charter schools are separately chartered and accredited and operate under bylaws that purport to rest ultimate control over decision-making in a 11 boards of directors, the evidence established the key factors necessary to finding that the single employer doctrine applies; the operations of the 11 schools are functionally integrated, the schools share a common management structure, the conditions of employment are centrally determined across schools and the teachers are treated as resources to be shared, allocated and moved between schools as needed; accordingly, the single employer doctrine applies for representation purposes under EERA and a single statewide bargaining unit is appropriate.